Death settelment process was stopped by bsnl

Dear Prakash

Immediately issue a legal notice to higher officials of BSNL as well as to the Accounts Officer for processing of the papers [if possible attach all papers you have already submitted]. if still there is no movement, then approach the Central Industrial Labour Tribunal sekking for immediate payment of amounts by BSNL. 

 

You are already aware of the facts that

 

"pending of bank loan which was MOU bank to Department."

 

You should first ascetain how much loan the deptt is required to adjust from tgerminal dues.

 

You contention is not fully correct.  PF canot be stopped/adjusted  under any circumstance but due scan be adjusted from other dues.

 

do not rush for legal notice without knowing the facts.

 

Please also chech exact rule position :-

 

(i) whetehr pension and gratuity are payid unde the Acts stated by you r or under another stauttory provision [i.e. CCS(Pension) Rules or any other similar rules framed by the PSU]

(ii) whther the PF is payable under EPF&MP Act 1952 or under another stauttory provision [i.e. GPF(CS) Rules or CPF (CS)Rules any other similar rules framed by the PSU].

 

what about leave encahsment and Gp Insurance.

 

repeated

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=145793&offset=1

also repeated

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=145792&offset=1

Dear sudhir kumar Ji,

 

Thank you for your valuable suggestion.

I gone through the ccs (pension) Rules of bsnl as well as act. And Bsnl gratuity rules and pension rules also.. I found clearly the claims will be withhold and withdrawn only in causes like pecuniary loss to government property, absconding, termination, misconduct like violence.

But my father is exempted from section 4(6) payment of gratuity act. These because he is service when death occurs. He competed 24 years of service. Conduct is good, no loss or damages to the government property. He was not suspend and gone any judicial proceeding or criminal proceedings in his service.

I already asked the account officer to stop the attachable amounts like leave encashment, arrears. Till the blank clearance form submission. Please process the non-attachable amounts like GPF,GRATUITY and PENSION. But the they denied to process the claims which was compulsory benefits stated by supreme court of india and Section 60 of CPC Section 13 of "the payment of Gratuity Act" section 3 and 4 " provident fund act" section 11 of the pensions act. They are not ready to give any information to me. Their behavior is very un professional.

 

Suggest me , will I issue legal notice. Or whom to approach to file complaint to get claims..

Dear Narasimha Rao Ji,

Thank you for your suggestion, will i go for pre litigation lok adalat ...?

Dear Prakash Most of the BSNL employees are thick skinned. If you have submitted the documents for respective claims in appropriate way, then only you take resort of issue of legal notice. Better you also check with Banker with regard to any insurance paid by your father in case of any accident or death policy for repayment of loan.

You may also refeer to section 2(e) the the grautuiry act which exlucdes ites operation on the "any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity."

 

Please be clear whether the gratuity is payable under Gratuity Act or under CCS(Pension) Rules.

Agreed.

You may post to clarify 'whether the gratuity is payable under Gratuity Act or under CCS(Pension) Rules."

 

 

Dear Prakash,

With 24 years of service, your father would have been subscribing to the GPF (not EPF) and his service would also would have been regulated under the CCS (Pension) Rules. So, in any case, neither family pension to your mother (if alive), nor GPF, nor CGEIS can be withheld. Only gratuity can be withheld till the clearance of the dues that too if the BSNL happened to a guarantor in the bank loan case of your father.

So, at first, you may ask the concerned Accounts Officer either to process the cases or respond formally with objection, if any, by quoting rules under which he has held up processing of the case and sanction of the Pension/ Gratuity/ GPF/ CGEIS, etc. Remind him formally about every ten days for at least thrice.

In the meanwhile send application under RTI to ask the progress of the claim cases and also specific reason for delay in processing & sanction.

Only after completion of formalities of RTI application/ appeal, etc., as you would be able to get the inside story of BSNL, serve notice under CPC 80 to the CMD BSNL, the Finance Director BSNL Board, Executive Director BSNL of the concerned Circle, Controller of Communications Accounts of the Circle, and the concerned Accounts Officer of the BSNL unit.

If not acted in a systematic way, you may tend only to waste your time, energy and money in wasteful activities, if undertaken in hapahzard way.

 

iN CASE ANY LOAN WAS TAKEN BY THE EMPLOYEE AND IF THE DEPTT HAS AGREED TO DEDUCT FROM SALARY/TERMINAL DUES THEY ARE LIABLE TO DEDUCT.

 

Acquisition of law qualification and license by the employee's son does not absolve them of this responsibility.

Loan, if any, of the deceased employee cannot be adjusted out of the family pension to his wife.